HomeMy WebLinkAboutOrdinance 13438
ORDINANCE NO. ~`f~`~
AN ORDINANCE READOPTING AND AMENDING THE STANDARDS
OF CARE FOR YOUTH PROGRAMS OFFERED BY THE PARKS AND
COMMUNITY SERVICES DEPARTMENT, BY THE ADDITION OF
SUBSECTION 6(C), PRESCRIBING PROGRAM COORDINATOR
QUALIFICATIONS; PROVIDING THAT THIS ORDINANCE IS
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1.
That the Standards of Care for youth programs offered by the Parks and Community
Services Department adopted in 1997 are hereby readopted for 1998, as amended herein. The
amendments are as follows.
The addition of the following subsection 6(~L
"C Coordinators should possess the following combination of experience and
training.
(1) One year experience in coordinating, planning or instructing
athletics or recreational programs and events.
(2) Equivalent to an associates degree from an accredited institution
with coursework m Recreation/Leisure, Park and Recreation
Management, Physical Education, or a closely related field."
The adopted Standards of Care, as amended, are set forth in Exhibit "A", attached hereto
and incorporated herein.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are
m direct conflict with the provisions of such ordinances and such Code, m which event
conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause,
sentence paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent ~unsdiction, such unconstitutionality shall not
affect any of the remaimng phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 4.
This ordinance shall be in full force and effect after its passage and it is so ordained.
APP VED AS TO FORM.
G~~G~ G?~
Assistant Crty Attorne
DATE ~^ a ° " 7
ADOPTED ~ ~ 0
EFFECTIVE ~ ~ D
2
Exhibit "A" (10 pales)
FORT WORTH YOUTH PROGRAM STANDARDS OF CARE
The following Standards of Care have been adopted by the City Council of the City of Fort Worth, Texas to
comply with the amendment to Section 42.041 (b) (14), Human Resources Code as approved by the Texas
Legislature during the 74th legislative session.
An elementary-age (ages 5-13) recreation program operated by municipality provided the
governing body of the municipality annually adopts standards of care by ordinance after a
public hearing for such programs, that such standards are provided to the parents of each
program participant, and that the ordinances shall include, at a minimum, staffing ratios,
minimum staff qualifications, minimum facility, health and safety standards, and mechanisms for
monitoring and enforcing the adopted local standards, and further provided that parents be
informed that the program is not licensed by the state and the program may not be advertised as
a child-care facility
The Standards of Care are intended to be minimum standards by which the City of Fort Worth Parks
and Community Services Department will operate the City's Youth Programs. The programs operated by
the City are recreational in nature and are not day care programs.
General Administration
Definitions
A. City -City of Fort Worth
B City Council -City Council of the Crty of Fort Worth
C. Department -Parks and Community Services Department of the City of Fort Worth
D Youth Program(s) -City of Fort Worth Youth Programs consisting of the After School
Program, the Summer Day Camp Program, Mobile Recreation Program and other non-school
day programs which last one week (5 days) or longer
E. Program Manual -Notebook of policies, procedures, required forms, and organizational and
programming information relevant to Fort Worth Youth Programs.
F Director -City of Fort Worth Parks and Community Services Department Director or his/her
designee
G Program Coordinator or Coordinator -City of Fort Worth Parks and Community Services
Department Staff who has been assigned administrative responsibility for a City of Fort Worth
Youth Program.
H. Program Leader -City of Fort Worth Parks and Community Services Department full-time,
part-time staff, contract instructor or volunteer who has been assigned responsibility to
implement the Ct'y's Youth Programs.
1998 Standards of Care -page 1
I. Program Site -Area or facilrt~es where City of Fort Worth Youth Programs are held.
Participant - A youth whose parent(s) or guardian(s) have completed all required registration
procedures and determined to be eligible for a Fort Worth Youth Program
K. Parent(s) -This term will be used to represent one or both parent(s) or guardian(s) who have
legal custody and authority to enroll their child(ren) in the Fort Worth Youth Program.
L. Program Staff -Term used to describe the person or persons who have been hired or have
volunteered to work for the City of Fort Worth and have been assigned responsibility for
managing, administering, or implementing some or all portions of the Fort Worth Youth
Programs. This definition also includes program coordinator, program leader
M. Community Center -One type of facility used to Bost any program as listed in l.D
2. Organization
A. The governing body of the pity of Fort Worth Youth Program is the Fort Worth City Council
B Implementation of the Youth Program Standards of Care is the responsibility of the Parks and
Community Services Department Director and Departmental staff.
C Youth Programs to which these Standards of Care will apply are the After School Program, the
Summer Day Camp Program, Mobile Recreation Program and other non-school day programs
that last one week or longer
D Each Program Site will have a current copy of the Standards of Care available for public and
staff.
E. Parents of Participants will be provided a current copy of the Standards of Care prior to the
start of the Youth Program, preferably during the registration process.
F Criminal background checks will be conducted on prospective Program Staff. If results of that
criminal check indicate that an applicant has been convicted of any of the following offenses,
he or she will not be considered for employment:
(1) A felony or a misdemeanor classified as an offense against a person or family,
(2) A felony or a misdemeanor classified as public indecency,
(3) A felony or a misdemeanor violation of any law intended to control the possession or
distribution of any controlled substance,
(4) Any offense involving moral turpitude, or
(5) Any offense that would potentially put the City of Fort Worth at risk.
3 Inspection/Monitoring/Enforcement
A. The Coordinator of each Youth Program to confirm compliance with the Standards of Care will
1998 Standards of Care -page 2
initiate a monthly inspection report.
(1) Inspection reports will be sent to the Director for review and kept on record for at least
two years.
(2) The Director will review the report and establish deadlines and criteria for compliance
with the Standards of Care.
B The Director will make visual inspections of the Youth Program based on the following
schedule.
(1) Each After School Program Srte will be inspected brmonthly This may be scheduled
or unscheduled.
(2) The Summer Day Camp Youth program and Mobile Recreation Youth Program will be
inspected twice during their summer schedule.
(3) The other non-school day Youth Programs will be inspected once during the school
breaks.
C Complaints regarding enforcement of the Standards of Care will be directed to the Coordinator
The Coordinator will be responsible for taking the necessary steps to resolve the problems.
The Coordinator will record complaints regarding enforcement of the Standards of Care and
their resolution. The Director will address serious complaints regarding enforcement of the
Standards of Care and the complaints and the resolutions will be noted.
D The Director will make an annual report to the City Council on the overall status of the Youth
Programs and their operation relative to compliance with the adopted Standards of Care.
4 Enrollment
A. Before a child can become a Youth Program Participant, the parents must sign registration
forms that contain the child's.
(1) Name, address and home telephone number,
(2) In Case of Emergency contact names and telephone numbers during Youth Program,
(3) The names and telephone numbers of people to whom the child can be released,
P
(4) A statement of the child's special problems and/or needs,
(5) Emergency medical authorization, Doctor's name, telephone number,
(6) A liability waver and
(7) Designation of need for reasonable accommodations.
1998 Standards of Care -page 3
5 Suspected Abuse
A. Program Staff will report suspected child abuse in accordance with the Texas Family Code,
telephone number, (817) 640-6200
B Program Staff will receive basic training related to child abuse prevention and how to report
suspected abuse.
Staffing -Responsibilities and Training
6 Program Coordinator (Coordinator) Qualifications
A. Coordinators will be a professional staff of the City of Fort Worth Parks and Community
Services Department and will be required to have all Program Leader qualifications as outlined
in Section 8 of this document.
B Coordinators must be at least 21 years old.
C Coordinators should possess the following combination of experience and training.
(1) One year experience in coordinating, planning, or instructing athletics or recreational
programs and events.
(2) Equivalent to an associates degree from an accredited institution with coursework in
Recreation/Leisure, Park and Recreation Management, Physical Education, or a closely
related field.
D Coordinators must be able to pass a background investigation including a test for illegal
substances.
E. Coordinators must have successfully completed a course m first aid and Cardio Pulmonary
Resuscitation (CPR) based on American Heart Association, American Red Cross or National
Safety Council Standards and have current certification.
F Coordinators must be able to furnish proof of a clear tuberculosis test taken w~thm 12 months
prior to their employment date.
G Coordinators must take a tuberculosis test every two years from their employment date and
provide proof of a clear tuberculosis test.
7 Coordinator Responsibilities
A. Coordinators are responsible for administrating the Youth Program's daily operations in
compliance with the adopted Standards of Care.
B Coordinators are responsible for recommending for hiring, supervising and evaluating Leaders.
C Coordinators are responsible for planning, implementing and evaluating Youth Programs.
8 Program Leader (Leader) Qualifications
1998 Standards of Care -page 4
A. Leaders will be full-time, part-time, or temporary employees of the Parks and Community
Services Department or volunteers.
B Leaders working with Participants must be age 16 or older, however, each Program Site will
have at least one Staff 18 years or older present at all times and all leaders must be at least 4
years older than the participants they are working with.
C Leaders should be able to consistently exhibit competency, good judgment and self-control
when working with Participants.
D Leaders must relate to Participants with courtesy, respect, tolerance and patience.
E. Leaders should have current certification in first aid and CPR based on American Heart
Association, American Red Cross or National Safety Council standards.
F Each leader applicant must be able to furnish proof of a clear tuberculosis test that was
completed within the 12 months prior to his or her employment date.
G Leaders must pass a background investigation including a test for illegal substances.
H. Leaders must take a tuberculosis test every two years from their employment date and provide
proof of a clear tuberculosis test.
9 Leader Responsibilities
A. Leaders will be responsible for providing Participants with an environment m which they can
feel safe, enjoy wholesome recreation activities and participate m appropriate social
opportunities with their peers.
B Leaders will be responsible to know and adhere to all City, Departmental, and Youth Program
standards, policies and procedures that apply to the Youth Programs.
C Leaders must ensure that Participants are released only to a Parent or an adult designated by the
Parent. All Program Sites will have a copy of the Department guidelines to verify the identity
of a person authorized to pick up a Participant if that the Leader does not know that person.
10 Training/Orientation
A. The Department is responsible to provide training and orientation to Youth Program staff in
working with Participants and for specific job responsibilities. Coordinators will provide each
Leader with a Program Manual specific to each Youth Program
B Leaders must be familiar with the Standards of Care for Youth Programs as adopted by the City
Council.
C. Program Staff must be familiar with the Youth Program's policies including discipline,
guidance and release of Participants as outlined in the Program Manual
D Program Staff will be trained in appropriate procedures to handle emergencies.
1998 Standards of Care -page 5
E. Program Staff will be trained in areas including City, Department and Youth Program policies
and procedures, recreation activities organization, safety issues, program organization, and
other areas as required by Youth Program assigned.
F Program Staff will be required to sign an acknowledgment that they received the required
training.
Operations
11 Staff-Participant Ratio
A. In a Youth Program, the standard ratio of Participants to Staff is 20 to 1 In the event a Leader
is unable to report to the Program Site, the Coordinator will assign a replacement.. In the case
of greenschool, the session would be canceled.
B Each Participant will have a Program Staff who is responsible for him or her and who is aware
of details of the Participant's habits, interests and any special problems as identified by the
Participant's Parents during the registration process.
12 Discipline
A. Program Staff will implement d~sciplme and guidance in a consistent manner based on the best
interests of Participants.
B There will be no cruel treatment or harsh punishment.
C Program Staff will use brief, supervised, separation (time out) from the group if necessary
D As necessary, Program Staff will initiate discipline reports to the Parent(s) of Participants.
Parents will be asked to sign Participant discipline reports to indicate they have been advised
about specific problems or incidents.
E. A sufficient number and/or severe nature of discipline reports, as detailed in the Program
Manual, may result in a Participant being suspended from the Youth Program.
F Participants will be removed from the Program Site as soon as possible in instances of danger
to other Participants or Staff.
13 Programming
A. Program Staff will provide cultural, educational and recreational programs for each group of
Participants according to their ages, interests and abilities. The activities will be appropriate to
Participant's health, safety and well being. The activities also will be flexible and promote the
Participant's emotional, social and mental growth.
B Program Staff will attempt to provide indoor and outdoor time periods to include:
(1) Alternating active and passive activities,
(2) Opportunity for individual, small and large group activities, and
1998 Standards of Care -page 6
(3) Outdoor time each day as weather permits based upon room availability and weather
conditions.
C Program Staff will be attentive and considerate of the Participant's safety on field trips and
during any transportation provided by the Youth Program.
(1) During field trips, Program Staff will have authorization for emergency medical care
and emergency contact information for each Participant.
(2) Program Staff will have a written list of the Participants in the group and must check
the roll frequently, specifically before departure to and from destination.
(3) Program Staff will have first aid supplies and a guide to first aid and emergency care
available on field trips.
14 Communication
Each remote Program Site will have a pager or two-way radio to allow the Site to be contacted by Staff.
Each Program Site will have access to a telephone for use in contacting Staff or making emergency
telephone calls.
A. At each Program Srte the Coordinator will post the following telephone numbers adjacent to a
telephone accessible to all Program Staff:
(1) City of Fort Worth ambulance or emergency medical services
(2) City of Fort Worth Police Department
(3) City of Fort Worth Fire Department
(4) Parks and Community Services Department Administrative Office
(5) Numbers at which parents may be reached
(6) Telephone numbers and address for the Program Site itself
(7) Telephone number of Coordinator's office
15 Transportation
A. Before a Participant can be transported to and from City sponsored activities, a transportation
form, completed and signed by a Parent of the Participant, will be filed with the Coordinator
B First aid supplies and a first aid and emergency guide will be available in all Youth Program
vehicles that transport Participants.
C All vehicles used for transporting Participants will have a 6-BC portable fire extinguisher
installed in the passenger compartment of the vehicle, accessible to the adult occupants.
D Seatbelts will be worn if provided.
1998 Standards of Care -page 7
E. Participants will be oriented to expected behavior and safety rules.
Facility Standards
16 Safety
A. Program staff will inspect Program Sites weekly checking for sanitation and safety concerns
that might affect the health and safety of the Participants. A weekly inspection report will be
completed by the Program staff and kept on file with the Coordinator
B Buildings, grounds and equipment on the Program Site will be inspected, cleaned, repaired and
maintained to protect the health of the Participants.
C Program Site equipment and supplies will be safe for the Participants use.
D Program Staff will have first aid supplies available at each Program Site m a designated
location, during transportation, and for the duration of any off-Site activity Program Staff will
have an immediate access to a guide for first aid and emergency care.
E. Program Site air conditioners, electric fans and heaters will be mounted out of Participant's
reach or have safeguards that keep Participants from being inured.
F Program Site porches and platforms more than 30 inches above the ground will be equipped
with railings, except performance stages.
1.7 Fire
A. In case of fire, danger of fire, explosion or other emergency, Program Staff first priority is to
evacuate the Participants to apre-designated safe area.
B The Program Site will have an annual fire inspection by the local Fire Marshall, and the
resulting report will detail any safety concerns observed. The report will be forwarded to the
Director who will review rt and establish the deadline and criteria for compliance
C. Each Program Site will have at least one fire extinguisher approved by the Fire Marshall
readily available to all Program Staff. The fire extinguisher will be inspected monthly by the
Coordinator, and a monthly report will be forwarded to the Director who will keep the report
on file for a minimum of two years. All Program Staff will be trained in the proper use of fire
extinguisher
D Fire drills will be initiated at Program Sites based on the following schedule.
(1) After School Youth Program -Once every three months
(3) Other Youth Programs - .Once during each session
18 Health
A. Illness or Injury
(1) A Participant who is considered to be a health or safety concern to other Participants or
1998 Standards of Care -page 8
Staff will not be admitted to the Youth Program:
(2) Illnesses and injuries will be handled in a manner to protect the health of all
Participants and Staff.
(3) Program Staff will follow emergency procedures for injured Participants or for
Participants with symptoms of an acute illness as specified in the Program Manual.
(4) Program Staff will follow the recommendations of the Texas Department of Health
concerning the admission or readmission of any Participant after a communicable
disease.
B Program Staff has the option to administer medication. If the Program Staff exercises this
option, they will administer medication only if:
(1) Parent(s) complete and sign a medication form that provides authorization for Staff to
dispense medication with details as to times and dosages. The form will include a hold
harmless clause to protect the City
(2) Prescription medications are m the original containers labeled with the Participant's
name, a date, directions and the physician's name. Program Staff will administer the
medication only as stated on the label. Program Staff will not administer medication
after the expiration date.
(3) Non-prescription medications are labeled with the Participant's name and the date the
medication was brought to the Youth Program Non-prescription medication must be
in the original container The Program Staff will administer medication only according
to label directions.
(4) Medications dispensed will be hmrted to routine oral ingestion, not requiring special
knowledge or skills on the part of the Program Staff The Program Staff will
administer no m~ections.
(5) Program staff will ensure medications are inaccessible to Participants. If necessary,
medications will be kept m the refrigerator (when available). Medications will be kept
separate from the food.
C Toilet Facilities
(1) The Program Srte will have toilets located and equipped so Participants can use them
independently and Program Staff can monitor as needed.
(2) There will be one toilet for every 30 Participants. Urinals may be counted in the ratio
of toilets to Participants, but will not exceed 50% of the total number of toilets.
(3) An adequate number of lavatories will be provided.
D Sanitation
(1) The indoor Program Sites must have adequate light, ventilation, air conditioning and
1998 Standards of Care -page 9 r
~~
heat.
(2) The Program Site will have an adequate supply of water meeting the Texas Department
of Health standards for drinking water Water will be supplied to the Participants m a
safe and sanitary manner
(3) Program Staff will remove garbage from Program Srtes daily
(4) All waste matters will be kept m a leakproof, covered container
END OF STANDARDS OF CARE
1998 Standards of Care -page 10
City of Fort Worth, Texas
M~jAyvr And Cauncil Cammun~cAt~on
DATE REFERENCE NUMBER LOG NAME PAGE
5/5/98 G-12202 80CARE 1 of 2
SUBJECT PUBLIC HEARING AND ADOPTION OF ORDINANCE FOR STANDARDS OF CARE
FOR YOUTH PROGRAMS
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance establishing Standards of Care for
youth programs in the Parks and Community Services Department.
DISCUSSION
For the past two years, the City Council has adopted ordinances establishing Standards of Care for youth
programs. These ordinances were adopted in accordance with an amendment to Section 42.041 (b) (14)
of the State Human Resources Code as approved by the Texas Legislature during the 74~' Legislative
Session Based on that legislation, municipal youth recreation programs can be exempted from the state's
child-care licensing requirement if the cities annually adopt standards of care in accordance with the
statute.
The statutory exemption reads as follows:
An elementary-age (ages 5-13) recreation program operated by municipality provided the
governing body of the municipality annually adopts standards of care by ordinance after a
public hearing for such programs, that such standards are provided to the parents of each
program participant, and that the ordinances shall include, at minimum, staffing ratios,
minimum staff qualifications, minimum faculty, health and safety standards, and
mechanisms for monitoring and enforcing the adopted local standards; and further
provided that parents be informed that the program is not licensed by the state and the
program may not be advertised as a child-care facility
The attached Standards (Exhibit "A" of the Ordinance) are intended to be minimum standards by which the
City of Fort Worth Parks and Community Services Department will operate the City's Youth Programs. In
accordance with Section 3.D of the Standards, "the Director will make an annual report on the overall
status of the Youth Programs and their operation relative to compliance with the adopted Standards of
Care." This report, listed below, provides information regarding the prior year's activities.
Facts regarding compliance with the Standards for 1997 include the following
• Youth programs were offered at seventeen community centers, the Nature Center and
Botanic Garden year round
• Average ratio of participants to staff during the Summer Day Camp Program was fourteen to
one
• All staff receive a tuberculin test every two years
At least one staff member at each facility is trained in first aid and CPR.
• All staff receive training on the Standards of Care
• Safety inspections are completed at each facility on a weekly basis during youth
programming
City of Fort Worth, Texas
~1~Ayar And Council C,,ammun~cAt~an
DATE REFERENCE NUMBER LOG NAME PAGE
5/5/98 G-12202 80CARE 2 of 2
SUBJECT PUBLIC HEARING AND ADOPTION OF ORDINANCE FOR STANDARDS OF CARE
FOR YOUTH PROGRAMS
Feedback regarding effectiveness of the program was received fromm parents and staff Overall, the
parents were appreciative that standards had been set. They felt that the Standards provided the
framework for an effective program that provided a safe environment for their children as they
participated in the various activities.
These Standards are in place year round On an annual basis, they will be reviewed and revised as
necessary In accordance with the legislation, the Standards and Ordinance must be submitted to the
City Council for adoption on an annual basis. In response, the Parks and Community Services
Department will evaluate the program, make any revisions necessary, and submit the Ordinance for the
Parks and Community Services Advisory Board and City Council consideration _
Prior to submitting the Standards of Care for approval for 1998, staff reviewed the standards and made
only one significant change, as follows:
6 Program Coordinator (Coordinator) Qualifications
C Coordinators should possess the following combination of experience and training"
(1) One year experience in coordinating, planning, or instructing athletics or
recreational programs and events.
(2) Equivalent to an associates degree from an accredited institution with
coursework in Recreation/Leisure, Park and Recreation Management,
Physical Education, or a closely related field
This change allows the Community Center Supervisors, Center Coordinators and Center Instructors
(Program Coordinator) to supervise youth programming if qualified Last year's Ordinance only
permitted the Supervisor or _Coordinator to function in this role. The Instructor is a vital link to the
success of the summer p"rogram and should be allowed to fill in during the Supervisor or Center
Coordinator's absence.
At its regular meeting on February 17, 1998, the Parks and Community Services Advisory Board voted
to concur with staff's recommendation to the City Council to adopt by ordinance the Standards of Care.
FISCAL INFORMATION/CERTIFICATION
The Director of Fiscal Services certifies that adoption of this Ordinance will have no material effect on City
funds.
LW m
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Libby Watson 6183
Originating Department Head: _
~~~~
Richard Zavala 5700 (from)
~~
Additional Information Contact: "
~'It~ ~$~r@ ,
Richard Zavala 5700
i; ~